The 2-year clock, fully explained.

The basic rule: CPRC § 16.003

The starting point is short:

Plain English: 2 years from the date the cause of action accrues for personal injury, with limited exceptions.

"Accrues" generally means the date of injury — but as we'll see, that's where the complications start.

When the clock starts: accrual rules

The default rule is the "occurrence rule" — the cause of action accrues when the injury occurs. In most car wreck cases this is the date of the crash; in slip-and-fall cases it's the date of the fall; in dog bite cases it's the date of the bite.

But Texas recognizes several exceptions where the clock starts later:

The discovery rule

If the injury or its cause was not discoverable through reasonable diligence at the time of occurrence, the clock starts when the plaintiff knew or should have known of the injury and its cause. Most often applied in:

• Medical malpractice cases where the injury isn't apparent for years
• Toxic exposure cases (asbestos, environmental contaminants)
• Latent defect cases
• Some legal malpractice cases

The discovery rule is narrowly construed in Texas. Courts apply it where the injury is "inherently undiscoverable" — not just hard to detect.

Continuing torts

If the wrongful conduct continues over time, the clock may not start until the last act in the continuing course of conduct. Applied in some harassment cases, some toxic exposure cases, and certain ongoing nuisance cases.

Fraudulent concealment

If the defendant fraudulently concealed the injury or its cause from the plaintiff, the statute is tolled until the plaintiff discovers (or should have discovered) the concealment. Different from discovery rule — focuses on defendant's conduct, not plaintiff's diligence.

Tolling for plaintiffs

Several plaintiff-specific circumstances can pause the statute of limitations:

Minors — § 16.001

For plaintiffs under 18 at the time of injury, the clock generally doesn't start running until they turn 18 — giving them until age 20 to file. But this doesn't extend specific government-claim notice deadlines, and parents who could have filed on the minor's behalf may face different rules.

Unsound mind — § 16.001

If the plaintiff was of unsound mind at the time the cause of action accrued, the clock is tolled until the disability is removed. The "unsound mind" standard is high — typically requires evidence the plaintiff was unable to manage their own affairs or to understand their legal rights.

Military service — federal Servicemembers Civil Relief Act

Active-duty military service tolls civil statutes of limitations under federal law (50 U.S.C. § 3936) — the period of military service generally doesn't count toward the 2-year clock.

Defendant's absence from the state — § 16.063

If the defendant was absent from Texas after the cause of action accrued, the period of absence may not count toward the limitations period (subject to limits and exceptions).

Special statutes for specific case types

The basic 2-year rule has many specialized variants. Some of the more important ones:

Medical malpractice — CPRC § 74.251

2 years from the breach or completion of treatment, with a 10-year statute of repose. Special pre-suit requirements include a 60-day pre-suit notice and a qualified expert report within 120 days of filing.

Wrongful death — CPRC § 16.003(b)

2 years from the date of death (not the date of underlying injury).

Survival action — CPRC § 71.021

Generally 2 years from the date of death (the underlying cause-of-action survives the decedent under CPRC § 71.021, and the limitations clock starts at death).

Texas Tort Claims Act (TTCA) — government defendants

2-year statute, BUT requires 6-month notice to the governmental unit under Tex. CPRC § 101.101. The notice must include time, place, circumstances, and damages claimed. Missing the notice is generally fatal even if the 2-year statute hasn't run.

Product liability — § 16.012

2-year statute, with a 15-year statute of repose for some manufactured products (with exceptions).

The TTCA notice trap

If your case is against a Texas state or local governmental entity — including cities, counties, school districts, public hospitals, the state itself, or their employees acting in scope — the 6-month TTCA notice rule applies.

Many cities have shorter local-charter notice requirements — sometimes 30, 60, or 90 days. The Houston, Dallas, San Antonio, and Austin city charters all have provisions you should check.

Practical advice: if any government entity might be involved in your case, treat the notice clock as your real deadline — not the 2-year general statute. Notice should typically be sent within 60 days to be safe, certainly within 90.

Read more about the NM equivalent — the 90-day NMTCA notice.

What happens if you miss the deadline

If the statute of limitations runs without a lawsuit being filed (or, in TTCA cases, without proper notice), the case is procedurally barred. The defense files a motion to dismiss on statute-of-limitations grounds, and the court grants it.

Limited rescues:

• Tolling arguments — if a tolling provision applies (minor status, unsound mind, etc.)
• Discovery rule arguments — if the injury wasn't reasonably discoverable until later
• Relation-back doctrine — if a suit was filed but against the wrong party, amendments may relate back under specific rules
• Equitable estoppel — if the defendant's conduct caused the missed deadline (rare and narrowly applied)

None of these are reliable. The only safe strategy is filing well before the deadline.